<h3>MICROSOFT SOFTWARE LICENSE TERMS</h3>
<h4>MICROSOFT VISUAL STUDIO CODE</h4>
<p>
  These license terms are an agreement between you and Microsoft Corporation (or
  based on where you live, one of its affiliates). They apply to the software
  named above. The terms also apply to any Microsoft services or updates for the
  software, except to the extent those have different terms.
</p>

<p>
  <strong
    >IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.</strong
  >
</p>
<ol class="license-terms">
  <li>
    <strong>INSTALLATION AND USE RIGHTS.</strong>
    <ol type="a">
      <li>
        <strong>General.</strong>
        You may use any number of copies of the software to develop and test
        your applications, including deployment within your internal corporate
        network.
      </li>
      <li>
        <strong>Demo use.</strong>
        The uses permitted above include use of the software in demonstrating
        your applications.
      </li>
      <li>
        <strong>Third Party Components.</strong>
        The software may include third party components with separate legal
        notices or governed by other agreements, as may be described in the
        ThirdPartyNotices file accompanying the software.
      </li>
      <li>
        <strong>Extensions.</strong>
        The software gives you the option to download other Microsoft and third
        party software packages from our extension marketplace or package
        managers. Those packages are under their own licenses, and not this
        agreement. Microsoft does not distribute, license or provide any
        warranties for any of the third party packages. By accessing or using
        our extension marketplace, you agree to the extension marketplace terms
        located at
        <a href="https://aka.ms/vsmarketplace-ToU"
          >https://aka.ms/vsmarketplace-ToU</a
        >.
      </li>
    </ol>
  </li>

  <li>
    <strong>DATA.</strong>
    <ol type="a">
      <li>
        <strong>Data Collection.</strong>
        The software may collect information about you and your use of the
        software, and send that to Microsoft. Microsoft may use this information
        to provide services and improve our products and services. You may
        opt-out of many of these scenarios, but not all, as described in the
        product documentation located at
        <a
          href="https://code.visualstudio.com/docs/supporting/faq#_how-to-disable-telemetry-reporting"
          >https://code.visualstudio.com/docs/supporting/faq#_how-to-disable-telemetry-reporting</a
        >. There may also be some features in the software that may enable you
        and Microsoft to collect data from users of your applications. If you
        use these features, you must comply with applicable law, including
        providing appropriate notices to users of your applications together
        with Microsoft’s privacy statement. Our privacy statement is located at
        <a href="https://go.microsoft.com/fwlink/?LinkID=824704"
          >https://go.microsoft.com/fwlink/?LinkID=824704</a
        >. You can learn more about data collection and use in the help
        documentation and our privacy statement. Your use of the software
        operates as your consent to these practices.
      </li>
      <li>
        <strong>Processing of Personal Data.</strong>
        To the extent Microsoft is a processor or subprocessor of personal data
        in connection with the software, Microsoft makes the commitments in the
        European Union General Data Protection Regulation Terms of the Online
        Services Terms to all customers effective May 25, 2018, at
        <a href="https://go.microsoft.com/?linkid=9840733"
          >https://go.microsoft.com/?linkid=9840733</a
        >.
      </li>
    </ol>
  </li>

  <li>
    <strong>UPDATES.</strong>
    The software may periodically check for updates and download and install
    them for you. You may obtain updates only from Microsoft or authorized
    sources. Microsoft may need to update your system to provide you with
    updates. You agree to receive these automatic updates without any additional
    notice. Updates may not include or support all existing software features,
    services, or peripheral devices. If you do not want automatic updates, you
    may turn them off by following the instructions in the documentation at
    <a href="https://go.microsoft.com/fwlink/?LinkID=616397"
      >https://go.microsoft.com/fwlink/?LinkID=616397</a
    >.
  </li>

  <li>
    <strong>FEEDBACK.</strong>
    If you give feedback about the software to Microsoft, you give to Microsoft,
    without charge, the right to use, share and commercialize your feedback in
    any way and for any purpose. You will not give feedback that is subject to a
    license that requires Microsoft to license its software or documentation to
    third parties because we include your feedback in them. These rights survive
    this agreement.
  </li>

  <li>
    <strong>SCOPE OF LICENSE.</strong>
    This license applies to the Visual Studio Code product. Source code for
    Visual Studio Code is available at
    <a href="https://github.com/Microsoft/vscode"
      >https://github.com/Microsoft/vscode</a
    >
    under the MIT license agreement. The software is licensed, not sold. This
    agreement only gives you some rights to use the software. Microsoft reserves
    all other rights. Unless applicable law gives you more rights despite this
    limitation, you may use the software only as expressly permitted in this
    agreement. In doing so, you must comply with any technical limitations in
    the software that only allow you to use it in certain ways. You may not
    <ul style="list-style-type: disc">
      <li>
        reverse engineer, decompile or disassemble the software, or otherwise
        attempt to derive the source code for the software except and solely to
        the extent required by third party licensing terms governing use of
        certain open source components that may be included in the software;
      </li>
      <li>
        remove, minimize, block or modify any notices of Microsoft or its
        suppliers in the software;
      </li>
      <li>use the software in any way that is against the law;</li>
      <li>
        share, publish, rent or lease the software, or provide the software as a
        stand-alone offering for others to use.
      </li>
    </ul>
  </li>

  <li>
    <strong>SUPPORT SERVICES.</strong>
    Because this software is “as is,” we may not provide support services for
    it.
  </li>

  <li>
    <strong>ENTIRE AGREEMENT.</strong>
    This agreement, and the terms for supplements, updates, Internet-based
    services and support services that you use, are the entire agreement for the
    software and support services.
  </li>

  <li>
    <strong>EXPORT RESTRICTIONS.</strong>
    You must comply with all domestic and international export laws and
    regulations that apply to the software, which include restrictions on
    destinations, end-users, and end use. For further information on export
    restrictions, see
    <a href="https://www.microsoft.com/exporting"
      >https://www.microsoft.com/exporting</a
    >.
  </li>

  <li>
    <strong>APPLICABLE LAW.</strong>
    If you acquired the software in the United States, Washington law applies to
    interpretation of and claims for breach of this agreement, and the laws of
    the state where you live apply to all other claims. If you acquired the
    software in any other country, its laws apply.
  </li>

  <li>
    <strong>CONSUMER RIGHTS; REGIONAL VARIATIONS.</strong>
    This agreement describes certain legal rights. You may have other rights,
    including consumer rights, under the laws of your state or country. Separate
    and apart from your relationship with Microsoft, you may also have rights
    with respect to the party from which you acquired the software. This
    agreement does not change those other rights if the laws of your state or
    country do not permit it to do so. For example, if you acquired the software
    in one of the below regions, or mandatory country law applies, then the
    following provisions apply to you:

    <ol type="a">
      <li>
        <strong>Australia.</strong>
        You have statutory guarantees under the Australian Consumer Law and
        nothing in this agreement is intended to affect those rights.
      </li>
      <li>
        <strong>Canada.</strong>
        If you acquired this software in Canada, you may stop receiving updates
        by turning off the automatic update feature, disconnecting your device
        from the Internet (if and when you re-connect to the Internet, however,
        the software will resume checking for and installing updates), or
        uninstalling the software. The product documentation, if any, may also
        specify how to turn off updates for your specific device or software.
      </li>
      <li>
        <strong>Germany and Austria.</strong>

        <ol type="i">
          <li>
            <strong>Warranty.</strong>
            The properly licensed software will perform substantially as
            described in any Microsoft materials that accompany the software.
            However, Microsoft gives no contractual guarantee in relation to the
            licensed software.
          </li>
          <li>
            <strong>Limitation of Liability.</strong>
            In case of intentional conduct, gross negligence, claims based on
            the Product Liability Act, as well as, in case of death or personal
            or physical injury, Microsoft is liable according to the statutory
            law.
          </li>
        </ol>

        <p>
          Subject to the foregoing clause (ii), Microsoft will only be liable
          for slight negligence if Microsoft is in breach of such material
          contractual obligations, the fulfillment of which facilitate the due
          performance of this agreement, the breach of which would endanger the
          purpose of this agreement and the compliance with which a party may
          constantly trust in (so-called "cardinal obligations"). In other cases
          of slight negligence, Microsoft will not be liable for slight
          negligence.
        </p>
      </li>
    </ol>
  </li>

  <li>
    <strong
      >DISCLAIMER OF WARRANTY. The software is licensed “as-is.”&nbsp;You bear
      the risk of using it. Microsoft gives no express warranties, guarantees or
      conditions. To the extent permitted under your local laws, Microsoft
      excludes the implied warranties of merchantability, fitness for a
      particular purpose and non-infringement.</strong
    >
  </li>

  <li>
    <p>
      <strong
        >LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft
        and its suppliers only direct damages up to U.S. $5.00. You cannot
        recover any other damages, including consequential, lost profits,
        special, indirect or incidental damages.</strong
      >
    </p>
    <p>
      This limitation applies to (a) anything related to the software, services,
      content (including code) on third party Internet sites, or third party
      applications; and (b) claims for breach of contract, breach of warranty,
      guarantee or condition, strict liability, negligence, or other tort to the
      extent permitted by applicable law.
    </p>
    <p>
      It also applies even if Microsoft knew or should have known about the
      possibility of the damages. The above limitation or exclusion may not
      apply to you because your state or country may not allow the exclusion or
      limitation of incidental, consequential or other damages.
    </p>
  </li>
</ol>
